** PART II ** CONFLICT ** WHEN THERE IS AN ACTUAL CONFLICT, STATE LAW IS PREEMPTED BY FEDERAL LAW. ENGLISH V. GENERAL ELECTRIC CO., 496 U.S. 72 , 110 S.CT. 2270 , 110 L.ED.2D 65 (1990). THIS IS SO EVEN WHEN IT IS NOT CLEAR THAT CONGRESS INTENDED TO PREEMPT THE FIELD. MALONE V. WHITE MOTOR CORP., 435 U.S. 497 , 98 S.CT. 1185 , 55 L.ED.2D 443 (1978). PREEMPTION, HOWEVER, IS NOT TO BE LIGHTLY PRESUMED. CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION V. GUERRA, 479 U.S. 272 , 107 S.CT. 683 , 93 L....
REPRESENTATIVE DUNEGAN HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING INFORMATION ON THE OKLAHOMA EMBEZZLEMENT STATUTES. AS YOU MAY OR MAY NOT KNOW, THE ATTORNEY GENERAL FUNCTIONS AS THE LEGAL ADVISOR TO THE STATE, THE LEGISLATURE, AND VARIOUS STATE BOARDS, AGENCIES AND COMMISSIONS. AS SUCH, WE ARE SIMPLY NOT AUTHORIZED TO GIVE LEGAL ADVISE TO PRIVATE CITIZENS. HOWEVER, I WILL ATTEMPT TO ADDRESS YOUR QUESTIONS TO THE EXTENT I AM ALLOWED. YOU FIRST ASKED WHAT FACTS ARE NECESSARY TO CONSTITUTE...
ATTORNEY GENERAL LOVING HAS DIRECTED ME TO RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION REGARDING, IN EFFECT, THE FOLLOWING QUESTION: MAY THE USED MOTOR VEHICLE COMMISSION ADOPT A GENERAL POLICY OF DENYING LICENSES TO APPLICANTS WHOSE INTENT IS TO CONDUCT A SALE OF USED MOTOR VEHICLES FOR A LIMITED PERIOD OF TIME AT A SPECIFIED LOCATION, EXCEPTING FROM THIS POLICY ONLY COLLECTOR CAR AUCTIONS BECAUSE YOUR REQUEST IS FOR AN INFORMAL OPINION, THE DISCUSSION WHICH FOLLOWS IS BASED UPON THE...
ATTORNEY GENERAL LOVING HAS RECEIVED YOUR LETTER REQUESTING AN ATTORNEY GENERAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION: ARE MEMBERS OF A HOUSING CO-OP WHICH GRANTS THE RIGHT TO OCCUPY AN INDIVIDUAL UNIT ELIGIBLE FOR HOMESTEAD EXEMPTION BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES, THE ISSUANCE OF A FORMAL OPINION OF THE ATTORNEY GENERAL IS UNNECESSARY. THE DISCUSSION WHICH FOLLOWS IS, THEREFORE, NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL; IT...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING WHETHER A CERTIFIED DENTAL ASSISTANT WHO IS EMPLOYED BY THE COLLEGE OF DENTISTRY IS ELIGIBLE FOR APPOINTMENT TO THE BOARD OF GOVERNORS AS A PUBLIC REPRESENTATIVE. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN INFORMAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION: DOES THE BOARD OF EXAMINERS FOR SPEECH PATHOLOGY AND AUDIOLOGY HAVE THE AUTHORITY, PURSUANT TO THE PROVISIONS OF THE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT, TO ORDER HEARING-AID DEALERS TO CEASE AND DESIST FROM THE USE OF "AUDIOMETRIC", "AUDIOMETRY" OR SIMILAR TERMS IN CONNECTION WITH THEIR SERVICES AS HEARING AID DEALERS IN ORDER TO ANSWER YOUR...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING THE AUTHORITY OF A LOCAL BOARD OF EDUCATION TO ADOPT A DRESS CODE FOR TEACHERS. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES AND CASE LAW, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE ANALYSIS AND CONCLUSIONS, WHILE...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING THE AUTHORITY OF A LOCAL BOARD OF EDUCATION TO ADOPT A DRESS CODE FOR TEACHERS. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES AND CASE LAW, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE ANALYSIS AND CONCLUSIONS, WHILE...
Dear Attorney Macy ¶ 0 The Attorney General has received your letter asking for an official opinion addressing, in effect, the following question: May the District Court Clerk charge and collect an additional fee for the issuance of an alias writ of execution and/or an alias garnishment summons I. ISSUANCE OF PROCESS ¶ 1 In order to properly address your inquiry, it is first necessary to ascertain the meaning of the term "issuance" in reference to writs of execution and garnishment summons. ¶...
ATTORNEY GENERAL LOVING HAS RECEIVED YOUR LETTER OF SEPTEMBER 10, 1993, REQUESTING AN ATTORNEY GENERAL OPINION ADDRESSING THE FOLLOWING QUESTION: IF TRUSTEES OF A PUBLIC UTILITY TRUST, OF WHICH A MUNICIPALITY IS THE BENEFICIARY, FAIL TO APPROVE AMENDMENTS TO THE TRUST'S ADOPTED BUDGET AND TO RECORD THE APPROVAL OF SUCH AMENDMENTS IN THE TRUST'S OFFICIAL MINUTES, AS REQUIRED BY 60 Ohio St. 176 (G) (1992), WHAT IS THE PENALTY OR REMEDY FOR SUCH VIOLATION IN PARTICULAR, BUT WITHOUT LIMITATION,...
The Attorney General has received your letter asking for an opinion addressing, in effect, the following question Under 59 Ohio St. 887 .6(C) (1991), can the Oklahoma Board of Medical Licensure and Supervision ("Board") grant a physical therapist assistant license to an applicant who has not graduated from an appropriated program for physical therapist assistants but who has completed an approved course of study as determined by the Board Because your question may be answered by reference to...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT LETTER REQUESTING AN OPINION ADDRESSING THE FOLLOWING: 1. DEFINE INSTRUCTIONAL HOURS FOR SCHOOL. 2. DEFINE "SCHOOL SPONSORED". DURING OUR PHONE CONVERSATION OF JANUARY 25, 1993, YOU EXPLAINED THAT YOU WANTED THESE TERMS DEFINED IN RELATION TO VOLUNTARY PRAYER IN SCHOOLS. THE AREA OF PRAYER IN SCHOOLS HAS BEEN CHARACTERIZED BY THE UNITED SUPREME COURT AS "FACT SENSITIVE". LEE V. WEISMAN, U.S., 112 S.CT. 2649 , 2661 (1992). TO DEFINE...
FOLLOWING OUR RECENT CONVERSATION, I AM WRITING TO MEMORIALIZE MY COMMENT REGARDING THE USE OF SALES TAX RECEIPTS TO SUPPORT A COUNTY HOSPITAL. THE PERTINENT FACTS, AS THEY HAVE BEEN RELATED TO ME, ARE AS FOLLOWS: 1. THE HOSPITAL IS OWNED AND PRINCIPALLY OPERATED BY A PUBLIC TRUST. THE COUNTY IS THE BENEFICIARY OF THE TRUST. THERE IS NO DEBT ASSOCIATED WITH THE HOSPITAL; THAT IS, NO BONDS ISSUED BY THE COUNTY OR THE TRUST FOR THE PURPOSE OF CONSTRUCTING THE FACILITY ARE CURRENTLY OUTSTANDING. 2....
** PART I RE: ADVERTISEMENT OF BINGO GAMES BY RADIO BROADCASTERS ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING THE LEGAL PROPRIETY OF OKLAHOMA RADIO STATIONS BROADCASTING ADVERTISEMENTS FOR BINGO GAMES. THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. FOLLOWING OUR TELEPHONE CONVERSATION TO DISCUSS YOUR REQUEST, I UNDERSTAND YOUR QUESTION TO BE THE FOLLOWING: MAY OKLAHOMA RADIO STATIONS BROADCAST...
THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUEST TO PROVIDE DIRECTION TO YOUR AGENCY IN REGARD TO THE FOLLOWING QUESTIONS: 1. DOES 74 Ohio St. 150 .8(F), TAKE PRECEDENCE OVER THE REQUIREMENT TO PARTICIPATE IN THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM AND ALLOW AN EMPLOYEE WHO IS AN UNDERCOVER AGENT WITH THE OKLAHOMA STATE BUREAU OF INVESTIGATION AND WHO WAS A MEMBER OF THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM PRIOR TO JOINING THE OKLAHOMA STATE BUREAU OF INVESTIGATION...
ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT LETTER ASKING FOR AN ATTORNEY GENERAL OPINION REGARDING AD VALOREM TAXATION OF PROPERTY OWNED BY OKLAHOMA STATE UNIVERSITY. FROM A PRACTICAL STANDPOINT, I AM UNCERTAIN WHETHER AN ATTORNEY GENERAL OPINION WOULD BE OF ASSISTANCE TO YOU IN RESOLVING THE ISSUE YOU RAISE IN YOUR QUESTION. SHOULD THE ATTORNEY GENERAL RULE IN AN OFFICIAL OPINION THAT SOME PROPERTY BELONGING TO O.S.U. IS IN FACT SUBJECT TO AD VALOREM TAXES, IT IS LIKELY THAT...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL'S OPINION CONCERNING WHETHER THE COMMITTEE SUBSTITUTE FOR HOUSE BILL 1339 IS CONSIDERED A REVENUE RAISING BILL. AS YOU MAY OR MAY NOT KNOW, ATTORNEY GENERAL LOVING, LIKE ATTORNEY GENERALS BEFORE, HAS ADOPTED A POLICY OF NOT ISSUING OPINIONS REGARDING LEGISLATION CURRENTLY PENDING IN EITHER HOUSE OF THE LEGISLATURE. BECAUSE YOUR REQUEST CONCERNS A MATTER PRESENTLY BEING CONSIDERED BY THE OKLAHOMA...
Dear Director Crowley ¶ 0 The Attorney General has received your letter asking for an official opinion addressing, in effect, the following question: Do the provisions of 69 Ohio St. 304 and 69 O.S. 1203 (1991), authorize the Oklahoma Department of Transportation to acquire lands outside of a highway right-of-way (e.g., wetlands or other environmentally sensitive lands) in order to meet federal requirements, whether for present or future use ¶ 1 The Oklahoma Department of Transportation ("ODOT"...
THIS LETTER IS IN RESPONSE TO YOUR REQUEST FOR AN OPINION ADDRESSING WHETHER A REAL ESTATE LICENSE IS REQUIRED OF AN INDIVIDUAL OR COMPANY WHICH PERFORMS THE FOLLOWING ACTS: 1. SOLICITS FOR SELLERS TO PLACE THEIR HOMES IN AN ADVERTISED BROCHURE FOR A FEE; 2. THE ADVERTISING BROCHURE, AS WELL AS THE SIGNS PLACED IN FRONT OF THE HOME, DISPLAY THE COMPANY'S TELEPHONE NUMBER RATHER THAN THE SELLER'S; 3. WHEN INQUIRIES ARE MADE, THE COMPANY WILL DISCLOSE INFORMATION AS PROVIDED BY THE SELLER,...
THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION CONCERNING THE FOLLOWING QUESTIONS: 1. WHETHER MEMBERS OF THE BOARD OF DIRECTORS OF A COUNTY FREE FAIR ASSOCIATION CAN BE APPOINTED BY COUNTY COMMISSIONERS. 2. WHETHER FUNDS USED BY THE BOARD OF DIRECTORS OF A COUNTY FREE FAIR ASSOCIATION MUST BE AUDITED BY THE STATE AUDITOR AND INSPECTOR. THE LEGISLATURE HAS PROVIDED ALTERNATIVE MEANS FOR ORGANIZING COUNTY FREE FAIR ASSOCIATIONS. AUTHORITY FOR THESE...
